Anil Shantaram Teja v. The State Of Maharashtra And ANR

31-wp-455.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 455 OF 2019 Mr. Anil Shantaram Teja ... Petitioner

Versus

State of Maharashtra ...

Respondent Mr. R.P. Walvekar i/by Mr. S.R. Ganbavale for the Petitioner. Mr. F.R. Shaikh, APP for the respondent State. CORAM : B.P. DHARMADHIKARI & N.M. JAMDAR, JJ.

DATE :

FEBRUARY 11, 2019 P.C.:

Heard learned counsel for the parties. Perused the order dated 6.2.2019 passed by the learned Single Judge of this court in Criminal Appeal No.125 of 2019. We have also perused the report lodged by the complainant on 13/12/2018.

2.

The report prima facie shows commission of offence mentioned in Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and hence, at this stage no objection can be taken to mention of section (3)(2)(va) of the said Act. Similarly sub sections (r) and (s) appear to be appropriately mentioned, however, it has to be of section (3)(1) whereas nilegaonkar 1/2

31-wp-455.2019.odt erroneously section 4 has been added. In this jurisdiction, we are not inclined to intervene. However, we keep the contention of the petitioner open. The order dated 6/2/2019 passed by this court is an interlocutory order which cannot be relied upon for any purposes.

3.

With the above observations, we dispose of the present petition.

(N.M. JAMDAR, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2